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[Reading Comprehension]
试题详情
文章：
| Line | In Winters v. United States (1908), the Supreme |
| Court held that the right to use waters flowing through | |
| or adjacent to the Fort Belknap Indian Reservation | |
| was reserved to American Indians by the treaty | |
| (5) | establishing the reservation. Although this treaty did |
| not mention water rights, the Court ruled that the | |
| federal government, when it created the reservation, | |
| intended to deal fairly with American Indians by | |
| reserving for them the waters without which their | |
| (10) | lands would have been useless. Later decisions, citing |
| Winters, established that courts can find federal rights | |
| to reserve water for particular purposes if (1) the | |
| land in question lies within an enclave under exclusive | |
| federal jurisdiction, (2) the land has been formally | |
| (15) | withdrawn from federal public lands—i.e., withdrawn |
| from the stock of federal lands available for private | |
| use under federal land use laws—and set aside | |
| or reserved, and (3) the circumstances reveal the | |
| government intended to reserve water as well as land | |
| (20) | when establishing the reservation. |
| Some American Indian tribes have also established | |
| water rights through the courts based on their | |
| traditional diversion and use of certain waters prior | |
| to the United States’ acquisition of sovereignty. For | |
| (25) | example, the Rio Grande pueblos already existed |
| when the United States acquired sovereignty over | |
| New Mexico in 1848. Although they at that time | |
| became part of the United States, the pueblo lands | |
| never formally constituted a part of federal public | |
| (30) | lands; in any event, no treaty, statute, or executive |
| order has ever designated or withdrawn the pueblos | |
| from public lands as American Indian reservations. | |
| This fact, however, has not barred application of the | |
| Winters doctrine. What constitutes an American Indian | |
| (35) | reservation is a question of practice, not of legal |
| definition, and the pueblos have always been treated | |
| as reservations by the United States. This pragmatic | |
| approach is buttressed by Arizona v. California (1963), | |
| wherein the Supreme Court indicated that the manner | |
| (40) | in which any type of federal reservation is created |
| does not affect the application to it of the Winters | |
| doctrine. Therefore, the reserved water rights of | |
| Pueblo Indians have priority over other citizens’ water | |
| rights as of 1848, the year in which pueblos must be | |
| (45) | considered to have become reservations. |
题目：
Which of the following most accurately summarizes the relationship between Arizona v. California in lines 38–42, and the criteria citing the Winters doctrine in lines 10–20 ?
选项:
A、Arizona v. California abolishes these criteria and establishes a competing set of criteria for applying the Winters doctrine.
B、Arizona v. California establishes that the Winters doctrine applies to a broader range of situations than those defined by these criteria.
C、Arizona v. California represents the sole example of an exception to the criteria as they were set forth in the Winters doctrine.
D、Arizona v. California does not refer to the Winters doctrine to justify water rights, whereas these criteria do rely on the Winters doctrine.
E、Arizona v. California applies the criteria derived from the Winters doctrine only to federal lands other than American Indian reservations.
答案:
B
提问：
不是很有思路这道题，对于这个文章的逻辑链有点混乱，老师能大致把文章结构说一下和解释一下这道题吗？
解答：
点赞0
阅读525
提问：
不是很有思路这道题，对于这个文章的逻辑链有点混乱，老师能大致把文章结构说一下和解释一下这道题吗？
解答：
点赞0
阅读526
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